Scotland's Children
A Brief Guide to
The Children (Scotland) Act 1995
4. Children's
Hearings System
Chapters 2 and 3 of Part
II provide the legal framework within which children's
hearings operate. The Children's
Hearings System retains
its central place in the provision of child welfare and
juvenile justice in Scotland. The guiding principle is
that children who offend and children who are offended
against may be equally in need of help.
The Children's Hearings
System has been established in Scotland for almost 25
years. With the passage of time the hearings system has
had to adapt to changing needs and circumstances. It has
attracted increasing confidence and commitment from the
full range of services and judicial authorities. The Act
retains the main elements of the hearings system but
strengthens its role in order to promote the interests of
children referred to them.
ADDITIONAL POWERS
New provisions clarify the
effect of supervision requirements which convey the
hearings decisions on the compulsory measures of
supervision which they consider children require.
They allow the hearings to specify important matters such
as the responsibility for determining parental contact
with a child, disclosing a child's whereabouts and
clarifying their authority, in relation to the medical
examination of a child.
This specification allows
the hearings to be more explicit about the supervision to
be provided by the local authority, and about the
contribution expected of the parent to the needs of the
child during the period of supervision. In addition to
these changes, a hearing can set a date for a review of
its supervision requirement. This new power applies to
all types of cases appearing before the children's
hearing and it has particular value for monitoring the
supervision requirements imposed on young offenders.
In addition, the hearing
has a new power to exclude parents and relevant
persons from a hearing where it is necessary in the
interests of a child. There may be, for example, cases
where only if a parent is excluded from the hearing will
a child be spared distress or able to talk freely On
their return parents and relevant persons who have been
excluded have a right to have the substance of what was
said in their absence explained to them. The hearing may
also exclude any member of the press in the interests of
the child.
SAFEGUARDERS
The use of Safeguarders
in children's proceedings gives added protection to
children who come before children's hearings and the
court in that they are appointed to represent the child's
best interests in the proceedings but not to act as an
advocate for the child. The Act now requires children's
hearings and the sheriff to consider in all situations
the appointment of a Safeguarder.
OTHER CHANGES
A number of other changes
are made to the Children's Hearings System:
- clarification of
cross-border transfer arrangements for cases of
children subject to court orders or supervision
requirements, who move between different parts of
the United Kingdom
- amendments to the
conditions which may lead to compulsory measures
of supervision
- a right for the Principal
Reporter to obtain evidence from the
Procurator Fiscal subject to that evidence not
being required for any proceedings which are
current or likely to be commenced
- specific procedures
to allow the court to take into account new
evidence
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